al Government to obtain and hold colonies and dependent
territories, over which they might legislate without restriction, would
be inconsistent with its own existence in its present form. Whatever it
acquires, it acquires for the benefit of the people of the several
States who created it. It is their trustee acting for them, and charged
with the duty of promoting the interests of the whole people of the
whole Union in the exercise of the powers specifically granted.

At the time when the Territory in question was obtained by cession from
France, it contained no population fit to be associated together and
admitted as a State; and it therefore was absolutely necessary to hold
possession of it, as a Territory belonging to the United States, until
it was settled and inhabited by a civilized community capable of
self-government, and in a condition to be admitted on equal terms with
the other States as a member of the Union. But, as we have before said,
it was acquired by the General Government, as the representative and
trustee of the people of the United States, and it must therefore be
held in that character for their common and equal benefit; for it was
the people of the several States, acting through their agent and
representative, the Federal Government, who in fact acquired the
Territory in question, and the Government holds it for their common use
until it shall be associated with the other States as a member of the
Union.

But until that time arrives, it is undoubtedly necessary that some
Government should be established in order to organize society, and to
protect the inhabitants in their persons and property; and as the people
of the United States could act in this matter only through the
Government which represented them, and through which they spoke and
acted when the Territory was obtained, it was not only within the scope
of its powers, but it was its duty to pass such laws and establish such
a Government as would enable those by whose authority they acted to reap
the advantages anticipated from its acquisition, and to gather there a
population which would enable it to assume the position to which it was
destined among the States of the Union. The power to acquire necessarily
carries with it the power to preserve and apply to the purposes for
which it was acquired. The form of government to be established
necessarily rested in the discretion of Congress. It was their duty to
establish the one that would be be